5352-S.E AMH SEAQ BERN 079

ESSB 5352 - H AMD TO H AMD (H-3031.2/09) 453

By Representative Seaquist

ADOPTED 4/10/2009

    On page 28, after line 19, insert the following:
    "(9) As a priority task, the Washington state ferries is directed to propose a comprehensive incident and accident investigation policy and appropriate procedures, and to provide the proposal to the legislature by November 1, 2009, using existing resources and staff expertise.  In addition to consulting with ferry system unions and the United States coast guard, the Washington state ferries is encouraged to solicit independent outside expertise on incident and accident investigation best practices as they may be found in other organizations with a similar concern for marine safety.  It is the intent of the legislature to enact the policies into law and to publish that law and procedures as a manual for Washington state ferries' accident/incident investigations. Until that time, the Washington state ferry system must exercise particular diligence to assure that any incident or accident investigations are conducted within the spirit of the guidelines of this act.  The proposed policy must contain, at a minimum:
    (a) The definition of an incident and an accident and the type of investigation that is required by both types of events;
    (b) The process for appointing an investigating officer or officers and a description of the authorities and responsibilities of the investigating officer or officers.  The investigating officer or

officers must:

    (i) Have the appropriate training and experience as determined by the policy;

    (ii) Not have been involved in the incident or accident so as to avoid any conflict of interest;

    (iii) Have full access to all persons, records, and relevant

organizations that may have information about or may have contributed to, directly or indirectly, the incident or accident under investigation, in compliance with any affected employee's or employees' respective collective bargaining agreement and state laws and rules regarding public disclosure under chapter 42.56 RCW;

    (iv) Be provided with, if requested by the investigating officer or officers, appropriate outside technical expertise; and

    (v) Be provided with staff and legal support by the Washington

state ferries as may be appropriate to the type of investigation;

    (c) The process of working with the affected employee or employees in accordance with the employee's or employees' respective collective bargaining agreement and the appropriate union officials, within protocols afforded to all public employees;
    (d) The process by which the United States coast guard is kept informed of, interacts with, and reviews the investigation;
    (e) The process for review, approval, and implementation of any approved recommendations within the department; and
    (f) The process for keeping the public informed of the investigation and its outcomes, in compliance with any affected employee's or employees' respective collective bargaining agreement and state laws and rules regarding public disclosure under chapter 42.56 RCW."

EFFECT:   Directs the Washington state ferries to develop  comprehensive incident and accident investigation policies and procedures.  States it is the intent of the legislature to enact the revised policies required in this act into law, and to publish these policies as a manual for Washington state ferries' accident and incident investigations. 

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